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  1. #1
    Join Date
    Apr 2012
    Location
    Atlanta Gorgia
    Posts
    1

    Default Can Felony Probation Be Transfered Between States

    My question involves criminal law for the state of: Georgia

    Hello, thank you for reading . I have a family member who was on vacation in gorgia and got arrested. He has a felony charge and needs to transfer his probation to California
    where he lives. Is this possible? If so what steps needto be taken to began this process. Any assistance in this matter is greatly appreciated.
    Respectfully
    For my family

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,240

    Default Re: Can Felony Probation Be Transfered Between States

    If he hasn't been sentenced yet, he needs to inform the court of his actual living adress and initiate a transfer through the court. Otherwise, it's a lengthier process going through the probation agency.

  3. #3
    Join Date
    Dec 2011
    Posts
    203

    Default Re: Can Felony Probation Be Transfered Between States

    Admittedly not my area of law, but yes, he must inform the court so there is some sort of court order or recommendation on where the probation is served. If this is a felony case, I would assume there is going to be a pre-sentence report prior to sentencing and it should certainly be addressed in there too. Otherwise, there will be a long process to get the probation transferred. A state accepting a transfer of probation is strictly discretionary. Some states for budget and other reasons just so no.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,240

    Default Re: Can Felony Probation Be Transfered Between States

    However, if it is established that he has residency in the other state. That should be a mandatory transfer. That's why it's always in the bet interest of the defendant to make that clear at the time of sentencing.

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